| RPC: |
1.16 -
Declining or Terminating Representation
1.3 -
Diligence
1.4 -
Communication
1.5 -
Fees
3.2 -
Expediting Litigation
3.4 -
Fairness to Opposing Party and Counsel
5.3 -
Responsibilities Regarding Nonlawyer Assistants
5.5 -
Unauthorized Practice of Law
5.8 -
Misconduct Involving Disbarred, Suspended, Resigned, or Inactive Lawyers
8.1 -
Bar Admission Matters
8.4 (c) -
Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (d) -
Conduct Prejudicial to the Administration of Justice
8.4 (i) -
Moral Turpitude
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| Description: |
Merwin Moe Spencer (WSBA No. 40963, admitted 2008) of Everett, was suspended for three years, effective 4/21/2023, by order of the Washington Supreme Court. Spencer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.16 (Declining or Terminating Representation), 3.2 (Expediting Litigation), 3.4 (Fairness to Opposing Party and Counsel), 5.3 (Responsibilities Regarding Nonlawyer Assistants), 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law), 5.8 (Misconduct Involving Disbarred, Suspended, Resigned, and Inactive Lawyers), 8.1 (Bar Admission and Disciplinary Matters), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(i) (Moral Turpitude, Corruption or Disregard of Rule of Law).
In relation to his handling of his trust account and representation of Client B in a personal injury matter, the Hearing Officer recommended, and the Supreme Court ordered, that Spencer be suspended following a default hearing. Spender was found to have violated the Rules of Professional Conduct by: 1) failing to deposit a client A’s advance fees into Respondent’s trust account; 2) charging client A an unreasonable fee and failing to refund unearned fees at the end of the representation; 3) practicing law with a suspended license; 4) failing to respond to the grievance; 5) failing to prosecute client B’s lawsuit diligently, failing to respond to opposing counsel’s motions, and failing to appear for properly scheduled court dates; 6) failing to keep client B reasonably informed about the status of client B’s case and by failing to promptly comply with client B’s reasonable requests for information; 7) failing to provide information in response to the opposing party’s discovery requests and failing to make efforts to have client B appear at a properly scheduled deposition; 8) making one or more misrepresentations to client B; 9) failing to surrender client B’s client file to client or client’s new lawyer upon termination of representation; 10) failing to respond to the grievance; and 11) failing to produce records and/or attend the deposition.
Kathy Jo Blake acted as disciplinary counsel. Merwin Moe Spencer represented himself. William J. Carlson was the hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Decision; Disciplinary Board Order Declining Sua Sponte Review; and Washington Supreme Court Order.
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